# The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985, Regulation 27


(1) In the event of disallowance of a claim for disablement benefit or sickness benefit made by virtue of section 50A of the Act in respect of occupational deafness because the claimant has failed to satisfy the minimum hearing loss requirement prescribed in column 1 of paragraph A10 of Part I of Schedule 1 hereto, disablement benefit or sickness benefit made by virtue of section 50A of the Act shall not be paid in pursuance of a further claim in respect of occupational deafness made by or on behalf of that claimant unless—
(a) it is a claim made after the expiration of 3 years from the date of a claim which was disallowed because the claimant was not suffering from occupational deafness; or
(b) it is a claim made after the expiration of 3 years from the date of a reassessment by the Secretary of State or an appeal tribunal or medical appeal tribunal of the extent of the claimant's disablement at less than 20 per cent; or
(c) if the claimant would otherwise be precluded by regulation 25(2) from making a further claim after the expiration of 3 years from the date of the disallowed claim or from the date of a reassessment by the Secretary of State or an appeal tribunal or a medical appeal tribunal of the extent of his disablement at less than 20 per cent, as the case may be, it is the first claim made since that date and within 5 years from the latest date, before the date of the claim, on which he worked in employed earner’s employment in any occupation specified in column 2 of paragraph A10 of Part I of Schedule I hereto.
(2) A claim to be paid benefit by virtue of paragraph (1)(c) may be disallowed by the Secretary of State, an appeal tribunal or a Commissioner (“the determining authority”) without reference to a medical practitioner where the determining authority is satisfied by medical evidence that the claimant is not suffering from occupational deafness.

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Source: https://www.legislation.gov.uk/uksi/1985/967/regulation/27 (the official version)
Page: https://openlegislation.uk/social-security-industrial-injuries-prescribed-diseases-regulations-1985/regulation-27
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.